Taylor County Human Services v. L.E., 2021AP1292, 2/15/22, District 3, (1-judge opinion, ineligible for publication); case activity
A circuit court extended “Luca’s” commitment, directed that he be placed in a locked ward, and ordered involuntary medication. On appeal, Luca challenges his placement in a locked ward and the involuntary medication order. At a minimum, the court of appeals analysis of Luca’s right to refuse involuntary medication merits review by SCOW. [continue reading…]
State v. A.G., 2021AP1476, 2/15/22, District 1 (1-judge opinion; ineligible for publication); case activity
Wonders never cease. Parents virtually never win TPR appeals no matter how strong their arguments are. Yet here A.G. wins an evidentiary hearing on not one but two claims that his “no contest” plea was not knowing, intelligent and voluntary. [continue reading…]
Portage County v. K.K., 2021AP1315, 2/10/22, District 4, (1-judge opinion, ineligible for publication); case activity
This opinion has alarming implications for disabled people. The circuit court issued a summary judgment order continuing K.K.’s protective placement. She appealed and argued that summary judgment is not allowed in Chapter 55 cases. The court of appeals refused to reverse. It predicted that this due process violation would never recur, dismissed the appeal as moot, and thus ensured that the due process error can recur. [continue reading…]
Julie C. Valadez v. Hon. Michael J. Aprahamian, 2021AP994, 2021AP1186, and 2021AP1436; 2/2/22, District 2 (1-judge opinions, ineligible for publication); case activity for 2021AP994, 2021AP1186, and 2021 AP1436 (including briefs)
In a child custody battle, the circuit court found Valadez, pro se, in contempt of court for: (1) sending it ex parte emails after being told not to, (2) repeatedly objecting and asking questions during a hearing, (3) failing to sign a release giving the GAL access to her confidential DHHS records; and (4) failing to stipulate to the release of additional, confidential DHHS records. The court of appeals, rejecting the judge’s claim that he wields inherent contempt powers beyond Chapter 785, reversed 3 of his 4 contempt findings. [continue reading…]
Hemphill v. New York, USSC No. 20-637, 142 S.Ct. 681, 1/20/22 reversing and remanding People v. Hemphill, 150 N.E.3d 356; Scotusblog page (including links to briefs and commentary)
New York charged Hemphill with a homicide; a stray 9mm bullet fired after a fight in the street had killed a child. Hemphill’s defense was that another man, Morris, had fired the shot. Police had searched Morris’s room and found both 9mm and .357-magnum ammunition, and the state had, in fact, originally charged Morris with the murder. Hemphill was able to introduce evidence of Morris’s possession of the 9mm ammo by cross-examination of a state’s witness. In response the state sought to introduce portions of a transcript of Morris’s ultimate plea–in which he admitted to possessing a .357 revolver, rather than the 9mm pistol that had killed the child. Morris was out of the country and thus not available for cross-examination, but the New York courts ruled the transcripts were admissible under state law allowing such evidence where it is “reasonably necessary” to “correct” a “misleading impression.” The Supreme Court reverses, declaring in an 8-1 decision that “Hemphill did not forfeit his confrontation right merely by making the plea allocution arguably relevant to his theory of defense.” (Slip op. at 2). [continue reading…]
On January 27, 2022, the court of appeals ordered the publication of the following criminal law related decision:
State v. Nakyta V.T. Chentis, 2022 WI App 4 (knowing possession of heroin could be imputed from needle tracks and paraphernalia possession)
The main issue in Waity v. Lemahieu, 2022 WI 6 (January 27, 2022), involves the legislature’s power to hire lawyers to deal with redistricting issues, but along the way a majority of the court addresses a matter of interest to all appellate and postconviction lawyers: the proper application of the standard for a circuit court to apply in deciding whether to issue a stay pending appeal. While seeking a stay in a criminal case is often a futile endeavor for the defense, what the court says here might be useful next time you consider doing so. [continue reading…]
Dunn County Human Services v. N.R., 2021AP129 & 2021AP1830, District 3, 1/28/22 (one-judge decision; in eligible for publication); case activity
The circuit court properly exercised its discretion in allowing the foster parent of N.R.’s children to testify at the grounds trial in N.R.’s TPR proceeding. [continue reading…]
